Sir, – The European Court of Justice's ruling in the Graham Dwyer case will have serious consequences for the proper investigation of crime, not only for the Garda Síochána, but for police forces across Europe ("The Irish Times view on the Graham Dwyer court decision: it had been coming", April 5th).
Mobile phone data was and still is central to any investigation into serious crime. In murder, abduction or home invasion cases, the first 24 hours are vital in any investigation, and the restrictions imposed on police forces by this ruling will have a definite impact.
While there is no restriction on criminals using technology to commit crimes, this ruling will favour them even more. While these cases, as some in legal circles allude to, are “fact specific”, most cases are based on circumstantial evidence, along with forensic and other evidence, that could place an offender at a specific place before, during or after crime is committed.
While the ECJ ruling will allow the Garda and police forces across Europe to look at IP addresses or the freezing of information in time if requested, the big bugbear for the judiciary was the lack of independent oversight, as was included in the EU legislation.
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The 2011 Communications (Retention of Data) Act that gave rise to this ruling was flawed and it was well flagged to successive governments, yet they did nothing.
Now we will see criminals convicted of serious crimes seeking to have their convictions overturned and legal counsel seeking justice for their clients at great expense to the taxpayer and to the detriment and added insult to victims and their families. – Yours, etc,
CHRISTY
GALLIGAN,
Letterkenny,
Co Donegal.